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2012 Supreme(Raj) 1851

GOPAL KRISHAN VYAS
Sandeep Chittoda – Appellant
Versus
Vijay Lal Tayal – Respondent


Advocates:
For the Petitioners:Deelip Kawadia, Advocate.

JUDGMENT

1. - Instant writ petition has been filed under Article 226/227 of the Constitution of India by the petitioners with the prayer that order dated 28.10.2009 may be quashed and application filed by the petitioners under Order 11 Rule 15, C.P.C. may be allowed.

2. Learned counsel for the petitioners submits that the plaintiff-respondent filed an application before the Rent Tribunal for eviction on the ground of bona fide necessity of the disputed shop for this grand-son. In the said suit, written-statement was filed by the petitioners stating therein that the grand-son of plaintiff-respondent is already having a business under partnership firm V. Kumar & Brothers and said firm is also registered with the Commercial Taxes Department. Learned Rent Tribunal directed the respondent-plaintiff to produce the said partnership-deed before the Court. Respondent-plaintiff stated on oath before the Court that the said firm has already been closed in the year 2006 and registration certificate has already been cancelled. It is also stated by the plaintiff that the said document i.e., partnership deed is not in his power and possession.

3. The petitioners moved an application under Order 11







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